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Ukraine
BOGATYR & PARTNERS
Volodymyr Bogatyr
1.2
2.2
Securities fraud
Adding an unauthorised person in the documents submitted
for registration of securities or false information if it caused
great material damage for the investor in securities leads to
a fine or deprivation of the right to occupy certain positions
or engage in certain activities for up to three years. Damage
shall be considered significant if it is 20 times more than nontaxable minimum incomes.
Accounting fraud
Amendment of documents or accounting registers or making
statements to a financial institution which are knowingly
false, consisting of incomplete information on transactions,
obligations, property agencies, mandatory revocation of a
financial institution or declaring it insolvent leads to a fine
or imprisonment for up to four years, with disqualification to
hold certain positions or engage in certain activities for up to
10 years.
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Insider trading
Intentional unlawful disclosure, transfer of or access to
insider information, as well as providing information on the
use of such recommendations to the acquisition or disposal of
securities or derivatives, if it led the persons who committed
these acts, or third parties to unjustified profits in a significant
amount, or to avoiding stock market participation or to third
parties having significant damage, or if it caused substantial
harm to legally protected rights, freedoms and interests
of individual citizens, or state and public interests, or the
interests of legal entities, leads to a fine with disqualification
to hold certain positions or engage in certain activities for up
to three years or without it.
Embezzlement
Ukraine
o
Tax crimes
Wilful evasion of taxes and duties (mandatory payments)
in the system of taxation imposed in accordance with the
law committed by a company, institution or organisation,
regardless of ownership or a person engaged in entrepreneurial
activities without establishing a legal person or any other
person who is obliged to pay if those actions resulted in
actual underpayment into budgets or state purpose funds in
significant amounts leads to a fine or deprivation of the right
to occupy certain positions or engage in certain activities for
up to three years.
Government-contracting fraud
There is no specific statute for such crime, therefore it usually
qualifies the same as embezzlement
Environmental crimes
The Criminal Procedural Code of Ukraine chapter VIII
describes crimes against the environment.
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Criminal anti-competition
Campaign-finance/election law
3.2
The concept of crime defines not only the completed crime, but the
preparation for it, as socially dangerous acts. However, preparation
for a minor offence does not entail criminal liability. The law is
known to exclude responsibility for the completed crime which,
although it has signs of any offence under the criminal law, due to
insignificance, it is not a public danger. In particular, the following
situations do not constitute a crime, e.g. an attempt that is not a
public danger (e.g. attempted destruction or damage to property that
has no value).
The procedural rule states that the only reason why there could be
criminal responsibility to a person is if that person has committed
socially dangerous acts which appear to constitute an offence under
the Criminal Procedural Code. The same grounds for criminal
liability exist for the preparation of a crime and attempted crime. In
other words, the basis of responsibility for the preparation of a crime,
and the attempted crime can only be installed in the individual act of
a crime. In preparation for a crime and attempted crime, unfinished
composition means that the composition or preparation of a crime
constitutes attempted crime.
5 Statutes of Limitations
5.1
Yes, in cases where the crime was detected after the limitations
period has already passed. However, this does not apply to cases
where the crime was committed against peace and humanity.
Ukraine
6 Initiation of Investigations
6.1
The investigator and the prosecutor must (but no later than 24 hours
after application, notification of committing a criminal offence or
after self-identifying it from any sources of circumstances that may
indicate criminal offence) submit relevant information to the Unified
Register of pre-trial investigation immediately. The investigator,
who will carry out pre-trial investigation, should be determined by
the head of the pre-trial investigation.
Pre-trial investigation begins after entering data in the Unified
Register of pre-trial investigations. Regulations of the Unified
Register of pre-trial investigations and the procedure of forming
and maintaining is approved by Prosecutor General of Ukraine
in coordination with the Ministry of Internal Affairs of Ukraine,
Security Service of Ukraine, and the National Anti-Corruption
Bureau of Ukraine, as well as the body that monitors the compliance
of tax laws.
6.3
The government acts through covert investigative actions and has the
power to collect information from personal computers, data storage
devices, telephones and other devices through the ruling of the court.
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Ukraine
7.7
Questioning of Individuals:
7.6
1)
2)
3)
8.2
254
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1)
2)
3)
voluntary surrender;
4)
5)
Ukraine
9 Burden of Proof
9.1
In all cases, the burden of proof lies on the accusing party, i.e. the
prosecutor. In consideration to the defences, the defendant can
provide the court with the necessary materials and evidence in order
to provide proof.
9.2
10
11
Common Defences
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255
Ukraine
13.2 Describe the extent of cooperation, including the
steps that an entity would take, that is generally
required of entities seeking leniency in your
jurisdiction, and describe the favourable treatment
generally received.
14
In Ukrainian law, ignorance of the law does not free the individual
from the consequences.
11.3 Is it a defence to a criminal charge that the defendant
was ignorant of the facts, i.e., that he did not know
that he had engaged in conduct that he knew was
unlawful? If so, what are the elements of this defence,
and who has the burden of proof with respect to the
defendants knowledge of the facts?
In such cases, the burden of proof lies on the defendant and his
representatives. However, in general practice, it is viewed in the
same way as ignorance of the law; therefore, it does not free the
individual from the consequences.
12
13
2)
3)
4)
5)
6)
Plea Bargaining
15
256
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Ukraine
3)
4)
5)
6)
the prosecutor; or
7)
16
Appeals
2)
The court may decide to a) uphold the decision of the trial conducted
by the first instance, b) change the decision of the first instance and
make a new decision, or c) cancel the decision of the first instance
and send the case for retrial. At the same time, it should be noted
that the investigation of new evidence and full consideration of
the case is conducted only by courts of the first instance, and if the
court of appeal has uncovered any violations when considering the
decision of the first instance in which it is necessary to collect more
evidence, then the only way is to conduct the retrial.
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Ukraine
Volodymyr Bogatyr
BOGATYR & PARTNERS
32/34 Shovkovychna Str., office 24
Kyiv
Ukraine
Tel:
+38 44 363 77 22
Email: volodymyr@bogatyr.kiev.ua
URL: www.bogatyr.com
BOGATYR & PARTNERS is a full-service boutique law firm based in the heart of Kyiv, Ukraine. We have a particular focus and experience in
business crime, fraud, asset tracing & recovery, and commercial litigation in Ukraine and international legal assistance in challenging economic
sanctions. In 2015, we successfully represented an international financial institution in a USD 72 million debt recovery dispute. The team has also
successfully acted for a Dutch-owned leading Ukrainian bank in its USD 44 million loan agreement dispute. Together with Soteris Pittas & Co., we
acted for a private client in a complex cross-border fraud matter involving tracing assets in Canada and Switzerland, obtaining a freezing injunction
and recovering USD 70 million via Cyprus courts. Our law firm was the first to create a precedent of recognition and enforcement of judgments of
the British court in Ukraine.
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